대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Progress, etc. of the lawsuit seeking revocation of fraudulent act;
A. Defendant B is bound by the mutual name of “E” and Defendant C and D are ancillarys of Defendant B.
According to the judgment of the court of first instance on the date of declaration of case number, the court of first instance dismissed part of the dismissal on August 22, 2017 and part of the dismissal on May 10, 2018, the court of second instance dismissed the Plaintiff’s appeal on May 10, 2018, Supreme Court Decision 2018Da236333, August 16, 2018.
B. The outcome of the lawsuit filed by the Plaintiff against the Defendants for revocation of the fraudulent act is as follows.
C. The Plaintiff sought the cancellation of the sales contract and the cancellation of registration in the above lawsuit, and combined the claims for loans against the Defendants. The claims for loans were dismissed and finalized on the ground that “There is no evidence to acknowledge the joint and several guarantee agreement with Defendant C, D, and the individual remittance details alone are insufficient to be recognized as lending to Defendant B,” and the grounds for the partial claims are as follows.
① The Plaintiff loaned loans to Defendant B and C via the F Bank Account to Defendant B, C, and Defendant C’s bank account from May 23, 201 to November 30, 2016, totaling KRW 28,9160,000,000 from May 23, 2011 to November 30, 2016.
Since then, 87.28 million won has been paid from Defendant C over 65 times, and the amount paid by Defendant B or subrogated by Defendant B is deducted from the amount paid by Defendant B, 56.2 million won (i.e., KRW 28.916 million - KRW 8,7280,000 - KRW 14,5680).
② The Plaintiff, via Defendant B and D’s bank account, remitted and lent KRW 15.15 billion to Defendant D’s bank account from December 28, 2014 to May 30, 2016.
Since then, if Defendant D received reimbursement of KRW 34 million over 23 times, and Defendant B paid the amount or deducted the amount subrogated by Defendant B’s point customer (as the case may be, 1,1350,000 won (i.e., KRW 15150,000 - KRW 34,500,000 - KRW 59.8 million).
③ In accordance with the purport of the claim, Defendant B’s claim amounting to KRW 67.55 million = KRW 56.2 million.